Key Takeaways
- The National Prosecuting Authority (NPA) has lifted the suspension of prosecutor Mkhuseli Ntaba after an interim investigation by the Office for Ethics and Accountability (OEA).
- Ntaba was initially suspended for failing to appear in court in the extortion and money‑laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni, which led to a contempt‑of‑court conviction and an arrest warrant.
- The OEA’s interim report found that further investigations are needed before a final conclusion can be reached, but noted Ntaba’s cooperation and no indication he would interfere with ongoing inquiries.
- National Director of Public Prosecutions (NDPP) Adv Andy Mothibi, in consultation with the DPP for Mpumalanga, directed the suspension be lifted based on a verified account of Ntaba’s safety concerns.
- Mothibi has urged the OEA to include recommendations in its final report aimed at strengthening security measures for prosecutors and other NPA staff.
- The NPA’s legal team has obtained written reasons from Chief Magistrate Tuletu Tonjeni and is preparing an application for leave to appeal the contempt order, awaiting a hearing date from the Kwaggafontein Magistrate’s Court clerk.
- The NPA affirms its commitment to handle the matter fairly and transparently, balancing institutional interests with those of Adv Ntaba while awaiting the OEA’s final findings.
Background of the Suspension
The controversy began when prosecutor Mkhuseli Ntaba failed to attend a court hearing in the high‑profile extortion and money‑laundering case involving Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his associates. His non‑appearance prompted the Kwaggafontein Chief Magistrate, Tuletu Tonjeni, to find him in contempt of court. Consequently, the magistrate authorised a warrant for Ntaba’s arrest, and the NPA placed him on suspension pending further inquiry. The suspension was intended to preserve the integrity of the proceedings while the NPA examined the circumstances surrounding his absence.
Court Contempt and Arrest Warrant
Chief Magistrate Tonjeni’s contempt finding was based on Ntaba’s unexplained failure to appear, which the court deemed a breach of his procedural obligations. The magistrate’s order not only recorded the contempt but also issued a warrant for Ntaba’s arrest, signalling the seriousness with which the judiciary viewed the omission. This legal action triggered internal NPA processes, including an interim investigation by the Office for Ethics and Accountability (OEA) to determine whether procedural, personal, or security factors contributed to the prosecutor’s non‑attendance.
OEA Interim Investigation Findings
The OEA submitted an interim report on 15 and 18 May 2026, examining the events that led to Ntaba’s court absence. According to NPA spokesperson Kaiser Kganyago, the report concluded that additional investigations are still required before a final report can be completed. Importantly, the interim findings indicated that Ntaba had cooperated fully with investigators and that there was no evidence suggesting he would interfere with the remaining inquiries. The report also highlighted concerns raised by Ntaba regarding his personal safety, which warranted further examination.
NDPP Decision to Lift the Suspension
After reviewing the OEA’s interim findings, National Director of Public Prosecutions Adv Andy Mothibi consulted with Adv Sonja Ntuli, the Director of Public Prosecutions for the Mpumalanga Division. Based on a verified version of events supplied by Ntaba—particularly his expressed safety concerns—Mothibi directed that the suspension be lifted and that Ntaba be allowed to return to work. Kganyago quoted Mothibi as stating that the decision was made after considering the interim report and ensuring that Ntaba’s return would not jeopardise the integrity of the ongoing case or the NPA’s institutional interests.
Statement on Safety and Cooperation
In a formal statement, Adv Mothibi emphasized that the NPA’s decision rested on a verified account of Ntaba’s safety concerns, which had been substantiated during the OEA’s inquiry. He noted that Ntaba had cooperated fully with investigators, providing all requested information and demonstrating a willingness to assist the process. Mothibi further asserted that there was no indication that Ntaba would attempt to obstruct or influence the remaining investigations, reinforcing the NPA’s confidence in his continued participation.
Request for Security Recommendations
Recognising the safety issues highlighted by Ntaba, Adv Mothibi appealed to the OEA to incorporate specific recommendations in its final report aimed at strengthening security measures for prosecutors and other NPA staff. He urged the OEA to consider procedural enhancements, protective protocols, and support mechanisms that could mitigate risks faced by legal professionals handling high‑risk cases. This request underscores the NPA’s proactive stance on safeguarding its personnel while maintaining judicial integrity.
Update on Legal Proceedings
The NPA also provided an update on the contempt‑of‑court order and the associated arrest warrant. The authority’s legal team has received the written reasons supplied by Chief Magistrate Tonjeni and has supplemented its grounds for an application for leave to appeal the contempt finding. The NPA is presently awaiting a hearing date from the clerk of the Kwaggafontein Magistrate’s Court. This procedural step reflects the NPA’s commitment to exhaust all legal avenues to address the contempt allegation while respecting the court’s process.
NPA’s Commitment to Fairness and Transparency
Adv Mothibi reiterated the NPA’s dedication to handling the matter fairly and transparently, balancing the interests of the institution with those of Adv Ntaba. He assured the public that the NPA would continue to oversee the case impartially, ensuring that neither the prosecutor’s rights nor the integrity of the prosecution are compromised. The NPA’s stance aims to preserve public confidence in its ability to manage internal disputes without undermining ongoing criminal proceedings.
Next Steps and Anticipated Conclusion
The final findings of the OEA investigation are expected once all outstanding inquiries have been completed. Until then, Ntaba will resume his duties under the lifted suspension, and the NPA will monitor any developments related to the security recommendations and the appeal process. The authority’s ongoing dialogue with the OEA and the judiciary signals a measured approach to resolving the controversy, seeking both accountability for procedural lapses and appropriate safeguards for its prosecutorial staff. The situation remains fluid, with the NPA poised to act upon the OEA’s forthcoming report and any subsequent judicial determinations.